Alabama Fuel & Iron Co. v. Ward
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by H. Ward against the Alabama Fuel & Iron Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by H. Ward against the Alabama Fuel & Iron Company. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals of Alabama under section 6, Act April 18, 1911 (Gen. Acts 1911, p.449). The following counts of the complaint were submitted to the jury: “The plaintiff claims of the defendant, a corporation, the sum of $10,000, as damages, for that heretofore, on, to-wit, the 8th day of January, 1914, plaintiff was a servant or employee of the defendant, and while engaged in such service or…
1Opinion of the Court
THOMAS, J. —
The suit was brought for. alleged personal injuries received by appellee while in the employment of appellant.
Counts 5 and 6 were withdrawn. Appellant’s demurrer to counts 1, 2, 4, 7, and 8 was overruled, and this ruling is assigned as error.(1) The first and second assignments of error challenge the sufficiency of the complaint, for the failure to aver that when the plaintiff was injured he was in the discharge of his duties under his employment by the defendant. The averment was that: “The plaintiff was the servant or employee of the defendant, and while engaged in such service…
2Cases cited19 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- McNeill v. StateSupreme Court of Alabama · 1893
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- Williams v. StateSupreme Court of Alabama · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Walker County v. DavisSupreme Court of Alabama · 1930
- Baldwin v. GainesSupreme Court of Vermont · 1917
6 more not listed; retrieve them via the Exa API.